TA9-09241

TA9-09241

On the balance of probabilities the claimants failed to discharge the burden to show a serious possibility of persecution or serious harm: their prolonged residence in the US without seeking protection or legalizing status, lack of corroborating documentary evidence, and objective country reports showing FARC activity concentrated in rural areas and diminished urban capability justify rejection under sections 96 and 97(1) of the IRPA.

Citation
TA9-09241
Parties
Claimant: XXXXX XXXXX; Claimant: XXXXX XXXXX XXXXX XXXXX; Claimant (child, United States Citizen): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 October 2009
Procedural Posture
Refugee Protection Claim / Decision (reasons and Rejection)
Outcome
All three claims rejected
Legal Topics
Persecution, Safe Third Country, Failure to Seek Protection, Change of Country Conditions, FARC Related Risk
Source Language
English
Immigration/refugee Law Human Rights Country Conditions Persecution Safe Third Country Failure to Seek Protection Change of Country Conditions FARC Related Risk

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Claimant (child, United States Citizen)

Procedural Posture

Refugee Protection Claim / Decision (reasons and Rejection)

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution or serious harm if returned to Colombia
  2. 2 Whether prolonged residence in the US without seeking asylum or legalizing status is consistent with claimed fear
  3. 3 Whether documentary and country evidence establish ongoing targeting by FARC in urban areas

Ratio Decidendi

On the balance of probabilities the claimants failed to discharge the burden to show a serious possibility of persecution or serious harm: their prolonged residence in the US without seeking protection or legalizing status, lack of corroborating documentary evidence, and objective country reports showing FARC activity concentrated in rural areas and diminished urban capability justify rejection under sections 96 and 97(1) of the IRPA.

Court Disposition

All three claims rejected

Orders

  • Refugee Protection Division rejects the claims pursuant to sections 96 and 97(1) of the Immigration and Refugee Protection Act
  • No other relief granted